Child Support And Modification Lawyers In Shelby County
At Jim Pino & Associates, P.C. in Shelby County, Alabama, we possess both extensive experience in child support cases and a thorough knowledge of the law and child support guidelines. In addition, clients have relied on us when modifications to support orders are needed because of a change in circumstances.
Calculating Child Support
Alabama uniform child support guidelines calculate the income of both parties in a divorce, the number of children, health insurance, and day care expenses. These guidelines apply to couples with a combined income of less than $10,000 per month. Anything over that amount is outside of those guidelines. If one of the parties assumes a great deal of the marital debt or lives a great distance from the other, a deviation from the guidelines may be appropriate. Joint physical custody also can alter the initial child support agreement.
When money matters become a part of a divorce agreement, relationships can be strained between the two parties. Custody is sometimes used as a bargaining chip, putting the children right in the middle of a child support dispute.
Modifying Child Support
At Jim Pino & Associates, P.C., we assist clients with modifying child support agreements as well. Circumstances that may warrant a modification include:
- One or more of the children reaching the age of 19
- College enrollment and expenses
- A material change in income
- One parent moves more than sixty miles away from their former residence
Children with special needs have also factored into child support modifications.
How Is Child Support Calculated In Alabama?
In most cases, the non-custodial or non-residential parent will have to pay child support to the parent with primary custody. The amount is determined based on the Alabama child support guidelines.
There is a committee in Montgomery, AL that meets once every few years to review and set the predetermined amount for the child support guidelines.
In May of 2022, new guidelines were released which take into account both parties’ income. The final child support award is based on a percentage of your income, the variable being how many kids you have and the party’s combined gross monthly income.
Plugging that into the calculator gives you your fundamental child support obligation. After that, the work-related childcare cost is added. These are the daycare expenses for any primary custodial parent that has to work and incur fees to help keep their job. The child support calculations also add health insurance premiums for the child or children.
For example, if the mother is the primary custodial parent and the father is going to pay child support. The father makes 60% of the total gross monthly income between the two parties; you add up the primary child support obligation, work-related childcare costs, and health insurance premiums.
That gives you the total figure. In this example, the father will pay the mother 60% of that overall figure.
How Long Will You Pay Or Receive Child Support In Alabama?
You will receive or be required to pay child support until or unless your child:
- Turns 19 years of age;
- Gets married;
- Passes away;
- Becomes self-supporting.
This is standard language in every order. Whichever of the listed occurs first will stop the occurrence of child support. For more information or to schedule an appointment with an experienced child support and modification attorney, please contact us.
When Can Child Support Be Modified In Alabama?
To get a modification to your child support agreement, you must demonstrate a material change in your circumstances since the last order. Things that constitute a change in circumstances include:
- Increase in income for the person paying child support;
- Decrease in revenue for the person paying child support;
- A significant difference in the child’s medical needs, (i.e., for special needs children).
Any significant changes can warrant a change to the child support order.
Other factors that could be considered to change the child support order are things that disrupt the family unit, including:
- Drug or alcohol addiction;
- Child abuse;
- Domestic violence;
- Moving out of state.
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